Scarborough Conservation Commission

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DEVELOPMENT TRANSFER PROVISION

Purpose Statement
Do you own a large tract of undeveloped land? Would you like to see your property maintained this way, but are worried about what the financial implication might be? The Conservation Commission would like to invite you to explore our town’s Development Transfer Provisions.

In the summer of 2007, the Scarborough Town Council enacted Development Transfer Provisions that are designed to promote residential development in the Town’s identified growth areas while maintaining the rural character of the identified limited growth areas—the “growth” and “limited growth” areas are identified as part of the Town’s Comprehensive Plan

What are Development Transfer Provisions?
The program promotes the conservation of high-value agricultural land, environmentally sensitive areas and strategic open space by shifting development to areas within a community that can more easily accommodate additional development. The development rights of areas to be protected are transferred to appropriate, community-designated areas (“receiving areas”) that can accommodate growth through existing and/or planned provision of infrastructure.
Click here for more information regarding development transfers

This is a voluntary, market-based implementation tool that allows landowners to sell development rights in “limited growth areas” in order to increase development density within the Town’s designated “growth” areas. The seller’s land is placed in a conservation easement that prevents future development, but maintains the owner’s right to the access and use the property.

Alternately, development transfer may be accomplished by the payment of fees for additional residential density within developments located in the growth areas of Town, with the fee revenue to be used to conserve potentially developable land within the Town’s limited and very low density growth areas.

Click here to go to the Development Transfer Provisions Ordinance

Click here to read the Town’s information brochure regarding the program

Landowner Assistance
The purpose of this page is primarily to assist landowners in the limited growth and low density growth areas evaluate the potential for development transfer. In accordance with the Town’s Ordinance, the Conservation Commission and Planning Department have begun developing a land owner assistance program to provide baseline information needed to determine if their property could qualify for the program.

To that end, upon contacting the Town’s Planning Department jchace@ci.scarborough.me.us landowners will be connected with readily available published data, including parcel maps, wetland mapping, aerial photos, and other resources, at no cost to property owners.

This information will be aimed at helping our community to build a voluntary registry of property owners’ who would be interested in exploring opportunities to transfer development rights by selling development credits from their property.

NOTE—The Development Transfer Provision is VOLUNTARY. Landowners are under no obligation to take part in the program. We will be pleased to provide any information we have to property owners~ landowners are welcome to explore the feasibility of the program, at no cost, and with no obligation to participate unless you so choose. Please do not hesitate to contact the Planning Department or Conservation Commission to discuss the potential opportunities this program may afford you!